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ACTS INTERPRETATION ACT 1991 (WANGARATTA DIOCESE)

(Replacing Act No. 3, 1878 of the Diocese of Melbourne)

No. 4, 1991

AN ACT

TO INTERPRET AND SHORTEN THE LANGUAGE OF ALL REGULATIONS
ACTS AND RESOLUTIONS OF THE SYNOD OF THE
DIOCESE OF WANGARATTA

Amended: No. 13, 1993
No. 5, 1995

BE it enacted by the Bishop the Clergy and the Laity of the Anglican Church of Australia within the Diocese of Wangaratta duly met in Synod according to law as follows:-


Short Title
Amended: Acts
No. 13, 1993
No. 5, 1995
1. This Act may be cited as The Acts Interpretation Act 1991-1995.



Repeal

2. In the terms of Section 14 of the Act of the Synod of the Diocese of Melbourne known as The New Diocese Act 1901 Act No.3 of 1878 of that diocese is hereby revoked.

Acts to be divided into sections

3. Every Act of this Synod shall be divided into sections if there be more enactments than one which sections shall be deemed to be substantive enactments without any introductory words.

Alteration amendment
or repeal

4. Every Act of this Synod may be altered amended or repealed in the same session in which it shall have been made or in any future session.

Citation of each Act

5. The name of every Act of this Synod when first enacted shall conclude numerically with the year of our Lord in which it was enacted and when such Act be amended the name of the Act as amended shall conclude numerically with the aforesaid year together with the year of our Lord in which the next recent amendment was enacted. Every Act whether or not amended may be cited in any other Act or in any document instrument or proceeding by the name thereof with the suffix of the year or years of our Lord as heretofore provided.

Non-revival

6. Where any act repealing in the whole or in any part any former Act is itself repealed such last repeal shall not revive the Act or provisions before repealed unless words be added reviving such Act or provisions and where any Act repeals in whole or in part any former Act and substitutes some provision or provisions instead of the provision or provisions repealed such provision or provisions so repealed shall remain in force until the substituted provision or provisions shall come into operation by force of the last made Act.

Expressions
as to name
of the Church

7. Unless a different meaning appear from the context whenever prior to the passing of this Act the expressions "United Church of England and Ireland" and "Church of England" or either one of these occurs in any regulations Acts or resolutions of this Synod relating to the Church in Australia the same shall be read as if it were "The Anglican Church of Australia".

Definitions

8. In all regulations Acts or resolutions heretofore or hereafter passed by the said Synod unless a different meaning appear from the context -

(1) The word "Bishop" shall mean the Bishop of Wangaratta.

(2) The word "Church" when applied to a building shall mean a building of which the whole or some part is set apart and consecrated or intended to be set apart and consecrated exclusively for the worship of Almighty God according to the doctrine rites and usages of the Anglican Church of Australia.

(3) The words "Member of this Church" shall mean a baptised person who attends the public worship of this Church and who declares that he is a member of this Church and of no Church which is not in communion with this Church.

(4) The word "Clerk" or "Clergyman" shall mean a Priest or Deacon ordained according to the rites of The Anglican Church of Australia or any church in communion therewith.

(5) The words "Clerk in Full Orders" shall mean a Priest ordained according to the rites of The Anglican Church of Australia or any church in communion therewith.

(6) The word "Incumbent" shall mean a Priest instituted or collated by the Bishop to the cure of souls in any Parish.

(7) The words "Priest in Charge" shall mean a Priest commissioned by the Bishop to the cure of souls in any Parish or Parochial District.

(8) The words "Bishop in Council" shall mean the Bishop acting with the advice and consent of the Council of the Diocese.

(9) The words "This Synod" or "The Synod" shall mean the Synod duly met of the Bishop the licensed Clergy and the Laity of The Anglican Church of Australia in the Diocese of Wangaratta.

(10) A "Parish" shall mean such a portion of the Diocese as the Bishop in pursuance of any Act of the Synod has heretofore declared or may hereafter declare to be a Parish.

Amended:
Act No. 5, 1995

(11) A "Parochial District" shall mean any portion of the Diocese the establishment of which has been approved by the Bishop-in-Council and which is under the charge of a Clerk duly licensed by the Bishop and is not within the boundaries of any Parish.

(12) A "Communicant" shall mean a confirmed person who shall have communicated at least three times in the year preceding the time at which he claims or is alleged to be a communicant.

Amended:
No. 15, 1993

(13) The word "Parishioner" shall mean an adult baptised member of the Anglican Church of Australia who within the previous period of one year preceding the time at which the person claims or is alleged to be a parishioner has attended Divine Service at a Church of the Parish or Parochial District within or under the care of the Diocese of Wangaratta at least three times.

No member of the Church shall be a Parishioner of more than one Parish or Parochial District at the same time.


(14) The word "Rectory" shall mean the residence in any Parish or Parochial District provided for the exclusive use of the Incumbent of the Parish or the Clerk in Charge of the Parochial District together with the land connected and occupied therewith.

(15) The word "Furniture" with reference to the furniture of a Church shall be deemed to include all articles used in connection with the performance of Divine Service or the administration of the Sacraments or the decoration or adornment of a Church building.

Amended:
Act No. 5, 1995

(16) The words "The Trusts Corporation" shall mean “The Wangaratta Diocesan Trustees” or “The Wangaratta Diocesan Trustees (N.S.W.) as the case may be.

(17) The words "The Registrar" shall mean the Bishop of Wangaratta's Registrar.

(18) The word "month" shall mean a calendar month.

(19) Words importing the masculine gender shall include the feminine and the singular number shall include the plural and the plural the singular.

9. The Act of the Legislature of Victoria passed in the eighteenth year of the reign of Her late Majesty Queen Victoria entitled "An Act to enable the Bishops Clergy and the Laity of The Church of England in Victoria to provide for the regulation of the Affairs of the said Church" and the Act of the Parliament of Victoria numbered 454 and the further Act of the Parliament of Victoria numbered 1947 may be cited in all regulations Acts and resolutions of this Synod and in all instruments documents and proceedings relating to the affairs of The Anglican Church of Australia in the Diocese of Wangaratta as "The Church of England Act 1854" "The Church of England Amendment Act 1873" and "The Church of England Amendment Act 1904" respectively.

10. The Act of the Parliament of Victoria entitled "An Act to provide for the creation of corporate bodies of Trustees in which property belonging to The Church of England in Victoria may be vested and to make further provisions in reference thereto" may be cited in all regulations Acts and resolutions of this Synod and in all instruments documents and proceedings relating to the affairs of The Anglican Church of Australia in the Diocese of Wangaratta as "The Trusts Corporation Act 1884"

Passed: 7th September 1991
Assented to: 10th September 1991


Act Amended Act No. 13, 1993

Passed: 27th August 1993
Assented to: 15th September 1993


Act Amended No. 5, 1995

Passed: 1st September 1995
Assented to: 4th October 1995